Sanjay Kailas Agrawal vs The Assistant Collector ...
2022 Latest Caselaw 11903 Bom

                                             (1)                   57 wp 11452.22

                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD

                             WRIT PETITION NO.11452 OF 2022

        Sanjay s/o Kailas Agrawal
        Age: 52 years, Occu. Business,
        R/o. Dhule, Tq. Dist. Dhule.

                   V/s.

        The Asst. Collector, Nandurbar /
        Land Acquiston Officer, Nandurbar
        Dist. Nandurbar.
                                         ...
                     Advocate for Petitioner : Mr. Bagul D.S.
                    GP for Respondents/State : Mr. D.R. Kale
                                         ...

                                  CORAM :    MANGESH S. PATIL &
                                             Y.G. KHOBRAGADE, JJ.

DATE : 21-11-2022

ORAL JUDGMENT :-

Heard the learned advocate for the petitioner and the learned

AGP. Rule. The Rule is made returnable forthwith. With the consent of both

the sides the matter is heard finally at the stage of admission.

2. The petitioner was the possessor of the writ land which has been

compulsorily acquired by the Government for the public project, however, by

deducting 10% of the amount on the ground that it is a class-II land.

(2) 57 wp 11452.22

3. The issue is no more res intergra. This Court in several matters

has consistently held that no such deduction could be made when lands are

acquired compulsorily. Even the resolution dated 15.07.2010 was considered

and such deduction was held to be illegal in the matters of Diksha Dilip Pawar

& Ors. V/s. Competent Authority & Ors. ; (2022) 4 Mh.L.J. 687. A similar

view has been taken by this bench also in Writ Petition No.10324/2022

(Niranjan Omprakash Agrawal V/s. The Competent Authority Land

Acquisition) with connected matter by the order dated 13.10.2022. We follow

the same course. The Writ Petition is allowed in terms of prayer clause-A

which reads as under:

"A) By way of appropriate Writ order or directions in the like nature, the respondent authority be directed to refund 10% amount which is deducted by the respondent authority at the time of passing of award."

4. Rule is made absolute in above terms.

[Y.G. KHOBRAGADE, J.] [MANGESH S. PATIL, J.]

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